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Recalls And Your Personal Injury Case


Recalls And Your Personal Injury Case Florida residents are involved in millions of injuries every year. With a population of more than 19 million, it’s impossible for accidents not to occur. But most of these are very minor, straightforward accidents that occur through nobody’s fault – smashing a finger with a hammer or injuring yourself playing a game of hoops with some friends, for example. But more serious injuries can have a major impact on your life, leading to mental, physical, and financial hardships in some cases. And when those injuries are caused by someone else, filing a personal injury case may be a good idea.

One of the most common questions when it comes to personal injury cases is whether or not a product recall will affect the right to seek financial compensation. Recent recalls like the recall of nearly 3.8 million Graco car seats, for example, highlight the very real danger that can come with a defective product. Other recalls are related to the food industry, and a Washington based firm recently recalled more than 226,000 pounds of egg products due to salmonella concerns.

So how do these recalls impact your right to seek medical compensation? It all depends on a variety of different things, and beginning to understand them is a good idea. While a personal injury attorney will be able to provide you with much more information about your right to seek compensation and whether or not you have a case, the following points can help you gain a better understanding of recalls and your personal injury case.

First, you need to understand that in most instances of recalls, the primary thing that will be considered is negligence and fault. For example, in food related recalls the company may have known that conditions in a warehouse were substandard and done nothing to correct them. In the case of car seats, it must be shown that the manufacturer knew the product was faulty but still released it to the public. This isn’t always the case, however, and in some personal injury cases no knowledge about the defect will be needed on the company’s behalf – just the defect itself could be enough, depending on the situation.

Injuries must also have occurred, and those injuries must have brought about some form of financial distress. Some recalled products have been incredibly dangerous, leading to fatal car accidents or disabling injuries. Others, like contaminated food, cause hospitalization due to food borne illnesses. These two things will often cause not only major medical bills, but lost wages and other costs to add up.

It’s important to understand as well that when a recall occurs, you must stop using the product. Once the recall has been announced, any party who continues to use the product will assume personal responsibility for any injuries received as a result of using that product. In other words, if you keep using a recalled car seat after the recall is announced and your child is injured as a result, you won’t have the right to seek financial compensation in the least.

Recalls have an impact on personal injury cases, but the complexities involved make it difficult and almost impossible to know for sure whether or not you do have a right to seek restitution until you speak to a competent, skilled personal injury lawyer. You should do so as soon as possible following an injury.

Our team has more than 100 years’ experience in the field of personal injury law, and every year we help our clients settle for millions of dollars. Our offices are conveniently located throughout Florida including in Bradenton, Venice, and Sarasota, so don’t hesitate to contact us to set up a free consultation and learn more about your rights.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Recalls And Your Personal Injury Case

Goldman Babboni Fernandez
Murphy & Walsh




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